Article 4 List of invasive alien species of special concernF21

United Kingdom

F1The Secretary of State may by regulations amend the list of species of special concern so as to add or remove species from that list on the basis of the criteria laid down in paragraph 3 of this Article. F2...

F3The Secretary of State shall undertake a comprehensive review of the F4list of species of special concernF5before 2nd August 2022, and before the last anniversary of that date in each subsequent period of six years and shall, in the meantime, update it, as appropriate, in accordance with F6... paragraph 1 with:

(a)

the addition of new invasive alien species;

(b)

the removal of listed species if they no longer meet one or more of the criteria laid down in paragraph 3.

Invasive alien species shall only be included on the list of species of special concern if they meet all of the following criteria:

(a)

they are found, based on available scientific evidence, to be alien to the territory of F7Great BritainF8...;

(b)

they are found, based on available scientific evidence, to be capable of establishing a viable population and spreading in the environment under current conditions and in foreseeable climate change conditions in F9the territory of Great Britain;

(c)

they are, based on available scientific evidence, likely to have a significant adverse impact on biodiversity or the related ecosystem services, and may also have an adverse impact on human health or the economy;

(d)

it is demonstrated by a risk assessment carried out pursuant to Article 5(1) that concerted action F10across Great Britain is required to prevent their introduction, establishment or spread;

(e)

it is likely that the inclusion on the list of species of special concern will effectively prevent, minimise or mitigate their adverse impact.

F11The Committee may submit to the Secretary of State requests F12from the Committee for the inclusion of invasive alien species on the list of species of special concern. Those requests shall include all of the following:

(a)

the name of the species;

(b)

a risk assessment carried out in accordance with Article 5(1);

(c)

evidence that the criteria set out in paragraph 3 of this Article are met.

The list of species of special concern shall make reference, where relevant, to the goods with which the invasive alien species are generally associated and their Combined Nomenclature codes as provided by Council Regulation (EEC) No 2658/87^f1, ~~F13indicating the categories of goods that shall be subject to official controls pursuant to Article 15 of this Regulation~~.

When F14amending the list of species of special concern, the F15Secretary of State shall apply the criteria set out in paragraph 3 with due consideration to the implementation cost F16..., the cost of inaction, the cost-effectiveness and the socio-economic aspects. The list of species of special concern shall include as a priority those invasive alien species that:

(a)

are not yet present in F17Great Britain or are at an early stage of invasion and are most likely to have a significant adverse impact;

(b)

are already established in F18Great Britain and have the most significant adverse impact.

F197.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F208.

For the purposes of this Article, references to “Great Britain” are to be read as references to Great Britain and the GB marine area.

Annotations

Textual amendments

F1: Words in Art. 4(1) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(a)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 4(1): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(a)(i) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers may by regulations amend the Scottish list of species of special concern so as to add or remove species from that list” are substituted for the words from “The Commission” to “(‘the Union list’)”
F2: Words in Art. 4(1) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(a)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(a)(ii) (with reg. 1(2))
F3: Words in Art. 4(2) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(b)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 4(2): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(b)(i) (with reg. 1(2)), it is provided that by (S.) (31.12.2020) the words “The Scottish Ministers” are substituted for the words “The Commission”
F4: Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(d) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Regulation: By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 2(2)(d) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scottish list of species of special concern” are substituted for the words “Union list”
F5: Words in Art. 4(2) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(b)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(b)(ii) (with reg. 1(2))
F6: Words in Art. 4(2) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(b)(iii) (with reg. 2(1)(a)) (as amended by S.I. 2019/813, regs. 1, 2(2)(a) and S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(3)(a)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 4(3)(a): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(c)(i)(aa) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scotland, England or Wales” are substituted for the words “the Union”
F8: Words in Art. 4(3)(a) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(c)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(c)(i)(bb) (with reg. 1(2))
F9: Words in Art. 4(3)(b) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(c)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2019/813, regs. 1, 2(2)(b) and S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(4)(b)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 4(3)(b): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(c)(ii) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scotland, England or Wales” are substituted for the words from “one biogeographical region” to “their outermost regions”
F10: Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(c) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(3)(b)); 2020 c. 1, Sch. 5 para. 1(1); and Regulation: By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 2(2)(c) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “in Scotland, England or Wales” are substituted for the words “at Union level”
F11: Words in Art. 4(4) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(d) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 4(4): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(d)(i) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “The Scottish Ministers may consult and have regard to” are substituted for the words “Member States may submit to the Commission”
F12: Words in Art. 4(4) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(d)(ii) (with reg. 1(2))
F13: Words in Art. 4(5) omitted (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(e) (with reg. 1(2))
F14: Word in Art. 4(6) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(e)(i) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(f)(i) (with reg. 1(2))
F15: Words in Art. 4(6) substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(e)(ii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 4(6): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(f)(ii) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scottish Ministers” are substituted for the word “Commission”
F16: Words in Art. 4(6) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(e)(iii) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(f)(iii) (with reg. 1(2))
F17: Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(3)(a)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 4(6)(a) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(f)(iv) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scotland, England or Wales” are substituted for the words “the Union”
F18: Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(a) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(3)(a)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 4(6)(b): By The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(f)(iv) (with reg. 1(2)), it is provided that (S.) (31.12.2020) the words “Scotland, England or Wales” are substituted for the words “the Union”
F19: Art. 4(7) omitted (31.12.2020) by virtue of The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(f) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 3(4)(g) (with reg. 1(2))
F20: Art. 4(8) inserted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 5(4)(g) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)
F21: Words in Regulation substituted (31.12.2020) by The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/223), regs. 1(1)(b), 4(2)(e) (with reg. 2(1)(a)) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 6(2)); 2020 c. 1, Sch. 5 para. 1(1); and (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 2(2)(e) (with reg. 1(2))

Footnotes

f1: Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).